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Event Name:

Telephone Consumer Protection Act (TCPA) Compliance Issues

Date:

Tuesday, October 9, 2018 1:30pm CDT

Presented By:

BankWebinars.com

Panelist(s) Info:

Lewis Wiener & Frank Nolan (Bio)

Lewis Wiener, an experienced trial and appellate attorney with more than three decades of trial and counseling experience, represents a broad array of clients in state, federal and appellate court litigation throughout the United States. Lew co-chairs the firm’s global Financial Services Disputes and Investigations (FSDI) Practice Group, heads the domestic (US) Telephone Consumer Protection Act (TCPA) counseling and defense group and on June 1, 2017 concluded a four-year term as a member of the firm’s Executive Committee. His extensive litigation and trial experience as a former prosecutor and senior trial attorney with the United States Department of Justice includes serving as class action defense counsel, conducting large internal investigations, handling complex litigation matters, and representing entities in litigation brought by and against the federal government. Lew also represents clients in eminent domain/inverse condemnation, environmental and land-use litigation before state and federal trial and appellate courts.

Frank Nolandefends class action lawsuits and complex business litigation matters in federal and state courts throughout the country. He advises financial services and insurance clients on issues affecting their core business practices. His cases involve claims of unfair trade practices, consumer fraud, antitrust and violations of data privacy laws. Frank also litigates and arbitrates business-to-business disputes, counsels clients on pre-litigation and compliance matters, and advises on contractual issues.

Price:

$265.00

Credits:

2.5 CE Credits

Description:

For the last several years Telephone Consumer Protection Act (TCPA) complaints have been one of the most filed types of lawsuits across the country. When the TCPA was enacted, cell phones were not as ubiquitous as they are today. Tens of thousands of text messages can be sent with a push of a button; hundreds of telephone numbers can be called in the time it used to take to dial a single number. A violation of the TCPA carries a statutory penalty of $500, trebled to $1,500 if the conduct is deemed willful. In short, $500 x 1 isn’t the problem. $500 x 100,000 is the problem. Furthermore, on March 16, 2018 the long-awaited ruling from the DC Circuit Court of Appeals, in ACA International v. FCC, trimmed the scope of the TCPA. The appellants expansively defined “automatic telephone dialing system” and afforded callers one opportunity to call a cell phone to determine whether the number had been reassigned, whether or not the cell subscriber answered the phone. The FCC accepted comments from the public so that it may revisit and redefine these important areas of the TCPA. In the meantime the courts will continue to be tasked with interpreting the reach of the TCPA. In any event, banks and financial institutions should take what we call the Three C’s approach: Consent, Compliance and Communication.

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